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  • Thanksgiving Holiday OT

    I never really thought about this...

    My new employer asks employees to work the Saturday before the Thanksgiving holiday. They offer Thanksgiving as a paid day and the Saturday is used to make up for the day off after Thanksgiving day.

    My question is can an employer create an altered work-week schedule so that they do not have to pay out overtime for the Saturday but instead apply those hours to the following week in replacement of Friday. If all employees are properly notified in advance, is it legal?

  • #2
    You must calculate overtime based on your standard payroll week. That can be any fixed 7-day period but most employers use Sunday through Saturday. You can't juggle your payroll week around to avoid paying overtime.

    FYI, the law does not require you to pay overtime on a Saturday or to include paid holiday time in calculating overtime. The only legal requirement is that you pay time and a-half for all hours worked over 40 in each 7-day payroll period.

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    • #3
      But they can juggle your time within the workweek to avoid paying overtime. What has the company defined as the workweek?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Our payweek is Thursday thru Wednesday. Is it possible to make it a voluntary workday on Saturday with employees knowing that will only be paid regular time or it will go towards regular time the following week.

        Any other ways to do it w/o having all that time go into OT?

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        • #5
          Our payweek is Thursday thru Wednesday. Is it possible to make it a voluntary workday on Saturday with employees knowing that will only be paid regular time or it will go towards regular time the following week. Sure, you can require everyone to work the Saturday of Thanksgiving week (Nov 26th) and only pay it at straight-time.

          Any other ways to do it w/o having all that time go into OT? You can have employees work extra hours on a "regular" workday during that same payroll week too. They might prefer that than working on Saturday, especially since some of them may be planning on heading out of town for the Thanksgiving holiday weekend.

          You only need pay time and a-half for any hours WORKED over 40 during your payroll week which in your case is Thursday through the following Wednesday.

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